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(영문) 대구지방법원상주지원 2017.11.29 2016가단9628
소유권확인
Text

1. The Defendant: (a) stated the attached share calculation sheet and the final share in inheritance in the attached Form of 1,550 square meters for the maintenance of Gyeongcheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-

Reasons

1. The indication of the claim is the unregistered land whose 1,550 square meters is not registered, and the owner on the land cadastre is written as B.

On May 4, 2016, the Plaintiff filed a lawsuit claiming the registration of ownership transfer against B with the Daegu District Court resident support 2015dan9331, which became final and conclusive around that time.

According to Article 65 of the Registration of Real Estate Act, a person registered as the first owner in the land cadastre or his heir may apply for registration of preservation of ownership of the land, but if the ownership on the register cannot be specified as the owner on the land cadastre because there is some omission in the indication of the owner on the land cadastre of unregistered land, the owner cannot make registration of preservation of ownership by the ledger. Therefore, there is a benefit in confirmation against the State to claim ownership of the relevant land for registration of preservation of ownership, and there is no address at all on the land cadastre, and the registration of preservation of ownership cannot be completed in the above land cadastre only under B as there is no address at all on the land cadastre. Therefore, the plaintiff has a benefit in seeking confirmation of ownership of

On the other hand, B died on August 1, 1961, and the final inheritors and their inheritance shares are as shown in the separate shares calculation sheet.

Accordingly, the plaintiff has reached the claim of this case on behalf of the inheritor B.

2. Article 208 (3) 2 and Article 150 of the Civil Procedure Act of the applicable provisions of Acts.

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